PAWNEE CONST. CO., INC. v. PAVELEC

78-590.

383 So.2d 835 (1980)

PAWNEE CONSTRUCTION COMPANY, INC. v. Dorothy Greene PAVELEC.

Supreme Court of Alabama.

February 29, 1980.


Attorney(s) appearing for the Case

James M. Holmes of Barber, Johnston, Holmes & Hughes, Birmingham, for appellant.

John B. Tally, Jr. of Lange, Simpson, Robinson & Somerville, Birmingham, for appellee.


SHORES, Justice.

Plaintiff (Pavelec) sued defendant (Pawnee) alleging a breach of a written agreement by the defendant. From a judgment in favor of the plaintiff entered by the trial judge, who heard the case non-jury, the defendant appealed.

The written instrument sued on purported to be a lease and referred to the plaintiff as "Lessor" and the defendant as "Lessee." By the agreement, Pawnee agreed to pay Pavelec a royalty of $1.30 per ton for coal mined...

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